tender document

2PLM/KDLP-VKPL/15/01INDEX

S. No. Subject PageNumbers

Section I1. Cover Page 12. Index 23. Tender Enquiry 3-64. Notice Inviting Tender (NIT) 7-105. Commercial Check List (Indigenous Bidder) 11-126. Commercial Check List (Foreign Bidder) 13-14

Section II1. Instruction To Tenderers 15-302. Instructions to tenderers participating in e-tender 31-333. Special Instructions to tenderers participating in e-tender 34-374. General Conditions of Purchase 38-545. Special Instructions to Tenderers 55-576. Special Conditions of Purchase 59-627. Addendum to Instructions to Tenderers 63-648. Form of Tender (Indigenous Bidder) 65-669. Form of Tender (Foreign Bidder) 67-6810. Schedule of Inspection 6911. Customers Reference 7012. Proforma of Bank Guarantee (Performance) 71-7213. Proforma of Bank Guarantee (EMD) 73-7414. Declaration of Relationship with Directors of IOCL 7515. Proforma of Letter of Authority for Bid Negotiations and Signing

the Agreement76

16. Proforma of Letter of Authority for attending unpriced andPriced Bid opening

77

17. Format for giving consent and bank details on letter head 78

18. Tenders/ Contracts where employment of agent is prohibited 7919. Proforma of declaration of black listing/holiday listing 80

20. Integrity Pact Agreement 81-86Section III

1. Schedule of Rates (Details asper BoQuploaded)

Section IV1. Specifications and Summary of Requirement. From page-

87133 pages

3INDIAN OIL CORPORATION LIMITED(Pipelines Division)

Materials DepartmentPhones: (91) 0120 2448414/ 2448413Fax: (91) 0120 - 2448024

Regd. Office: Please Reply To:G 9, Ali Yavar Jung Marg, Indian Oil Corporation Limited,Bandra (East), (Pipelines Division),Mumbai 400 051 A-1, Udyog Marg

Sector 1, Noida 201301

Open (Global) e-Tender Enquiry

Tender Enquiry No. PLM/KDLP-VKPL/15/01 Due Date: 24.6.2015Dated: 27.5.2015 Due Time: 15:00 hrs (IST)

Opening Date and Time-25.6.2015, 1500hrs

Dear Sir (s),

Please find enclosed herewith one set of Tender Documents. You are requested to submityour most competitive offer for the supply of the following items as per TechnicalSpecifications, General Conditions of Purchase and other conditions specified and enclosedwith this document.

Sl. No. Description of Material Qty Destination/Qty

Motor Driven Mainline Pumping Units with VFD &Spares Nos/Sets

All materials arerequired atKandlaGujarat

1.

Pumping unit consisting of Horizontal, axially splittype centrifugal pump, AC variable speed drivesystem with bypass isolators, flameproof electricalmotor with all accessories like coupling with couplingguard, Mechanical seal, cooling and flushing piping,pump protective instruments, common base plate andwith all necessary instrumentation including supply offoundation bolts, grouting materials, counter flanges(WNRF) and commissioning spares for Kandla stationas per specifications. Stage-I: Q= 632 KL/Hr, H= 565MCL, Efficiency=75% (Min), Viscosity=5 cSt,Density=850 kg/m3Stage-II :Q= 853 KL/Hr, H= 480 MCL, Efficiency=75%(Min), Viscosity=5 cSt, Density=850 kg/m3

3 Nos Kandla

2. Commissioning Spares: O ring & Gasket for Pump-01 set per pump3 sets Kandla

Spares for Mainline Pump

1. Case Wear ring 2 set Kandla

4Sl. No. Description of Material Qty Destination/Qty

2. Impeller Wear ring 2 set Kandla

3. Impeller (Full dia) 1 set Kandla

4. Pump shaft 1 no Kandla

5. Throat Bush 2 set Kandla

6. Sleeve/ Bush bearing set 3set Kandla

7. Shaft sleeve 2 set Kandla

8.Impeller key 2 set Kandla

9. Coupling key 2 set Kandla

10. Rotary & Stationary Inserts for Mechanical Seal 3 set Kandla

11. Set of O rings/ Gaskets for Mechanical seal 3 set Kandla

12. Complete Mechanical Seal (DE+NDE) 1 set Kandla

13Hydraulic Torque wrench (along with two sets ofrepair kits) suitable for pump casing bolts

1 set Kandla

Spares for Motor

1. Bearings (DE & NDE) 1 set Kandla

2. Cooling Fan 1 No.Kandla

Spares for Instrumentation

1. Pump Bearing RTD 1 No Kandla

2. Motor Bearing RTD 1 NoKandla

3. Pump Casing RTD 1 No Kandla

4. Vibration transmitter of each type 1 setKandla

Spares for VFD

1. For Active Front End-IGBT based VFD-High voltage IGBT module for line side converter2 Kandla

2. For Active Front End-IGBT based VFD-High voltage IGBT module for load side inverter2 Kandla

3. For Active Front End-IGBT based VFD-Main control board1 Kandla

4. For LV Power cell based VFD-Power cell module6 Kandla

5.For LV Power cell based VFD-Main control board

1 Kandla

1.Service charges for installation & commissioningpersonnel including all expenses e.g. Air/Rail Fare, LocalTransport, accommodation etc. (Total for 21 days @ 7days per pumping unit) at Kandla Location

21 days Kandla

5Please indicate approximate gross weight of the consignment.

1. Single Bid System : Applicable/ Not applicableIn case of single bid system the offer should besubmitted in duplicate (2 copies) and both the copiesshould contain Prices along with Technical and otherdetails.

2. Two Bid System : The offer should be uploaded (Submitted) in two parts Part I - Technical Literature Catalogue & Pamphlets etc.and EMD and commercial terms and uploading as perthe tender instructions. Part IIPrice Bid To be uploadedas per the downloaded BOQ without any change informat

4 Tender Fee ` in the form of Demand Draft in the name of IndianOil Corporation Ltd. Payable at Noida/ New Delhi.

3. Earnest Money Deposit i) `11.18 lakh or USD 17,520.00in the form of Demand Draft in the name of Indian OilCorporation Ltd. Payable at Noida/ New Delhi.ORthrough swift transferORIn the form of Bank Guarantee in the prescribed formatenclosed. Any deviation in the proforma is notacceptable. The bank guarantee should be from anyIndia Bank or Foreign Bank having branch in India onNon-judicial stamp paper of value commensurate withEMD amount as per norms. The issuing branch of bankshall be situated in India.Bank Guarantee/ Demand Draft/swift transfer is to besent to tender issuing authority so that it is receivedprior to tender submission date and time

4. Validity of offer : Offer should be valid for 120 days from due date.

6The Foreign Bidders can remit the tender fee and EMD by way of Swift transfer also. Please attach acopy of your SWIFT message with the tender documents for reference.

Physical Bids sent through Fax / E-mail / Courier / Post will not be acceptable. Bidder(s) are advised toquote strictly as per terms and conditions of the tender documents for e-bidding and not to stipulate anydeviations / exceptions. Bidder must ensure that the DD/BG against EMD are received by IOCL beforetechno-commercial bid opening schedule (as indicated in the NIT)

Tenderer to submit the following (also specified in the Instruction to the Tenderers) (changed to the extentof e-tendering please refer Addendum to ITT)

1. Documents as per Notice Inviting Tender (Important Tender Conditions)a) Catalogue & Literature for itemb) Supply Record for the itemc) Documentary proofs in support of Annual Turnover and Single Order value (for similar item) as

per column 8 and 9 of NIT2. Earnest Money Deposit (EMD) as prescribed in the tender. Tenders not accompanied with the

requisite EMD or with EMD of inadequate value are liable to be rejected summarily. In caseregistered with SSI / NSIC etc. current valid certificate of registration along with annexure, if any, tobe submitted.

3. Duly signed Form of Tender.

4. Duly filled Schedule of Inspection.

5. Customer reference list for similar equipment/ material for last three years.

6. Declaration regarding relationship with Directors of Indian Oil Corporation as per Annexure attached.

7. Authority Letter.

8. Duly filled Commercial Checklist.

9. Duly signed technical specification.

10. Schedule of Rates (BoQ) in the prescribed form

Normally Deviation to our General Terms & Conditions is not acceptable. However in case of anydeviation the same to be indicated clearly in a separate sheet of paper.

Tenderer to confirm to all our Technical Specifications. All Data Sheets and annexure to the Tender to befilled in and one copy of all specifications to be duly signed and stamped as a token of your acceptance toconfirm to our specifications. In case of any deviations the same to be clearly indicated in a separatesheet of paper. Indian Oil Corporation Limited reserves the right to accept or reject any tender in part orfull without assigning any reason whatsoever. Indian Oil Corporation also reserves its right not to acceptthe lowest rates quoted by the tenderers and to allow to the Public Enterprises purchase preferencefacilities as admissible under the existing policy.

Incomplete tenders which are not accompanied with all the required Documents and Conditions Tendersare liable for rejection without assigning any reason thereof.

The unpriced Bids shall be opened on the due date & time mentioned in the Tender Notice. The pricedoffer of only tenderers whose unpriced offers are found technically suitable shall be openedsubsequently.

(Amitabh Bala)Chief Materials Manager

7INDIAN OIL(Pipelines Division)

Indian Oil Bhawan, A-1, Udyog Marg, Sector-1, Noida-201301, U.P.

Open (Global)-Notice Inviting Tender

Indian Oil Corporation Ltd. invites electronic bids through its website https://iocletenders.gov.in undertwo-bid system from bonafide suppliers as per the following details:

NIT No./ Description of the Material Documentsavailable forDownloading

OnlineBid Preparation& Submission

PLM/KDLP-VKPL/15/01Motor Driven Main Line Pumping Units(MLPUs) with VFDs for Kandla Viramgamreverse Pumping project.

27.5.2015to

24.6.2015

27.5.2015to

24.6.2014 (1500hrs)

Opening date andtime

On 25.6.20151500hrs

Contact Person: Chief Materials Manager/Senior Materials ManagerPh: 0120-2448426/2448414Fax: 0120-2448024, e-mail:[email protected], [email protected] visit our website https://iocletenders.gov.in for further details and submission ofbids.

8INDIAN OIL CORPORATION LIMITED(PIPELINES DIVISION)

Indian Oil Bhawan, A-1, Udyog Marg, Sector-1, Noida-201301, U.P.

Notice Inviting Tender(TWO BID SYSTEM)

Offers are invited in two bids (Part-I: Techno-Commercial Bid & Part-II: Price Bid) from bonafidebidders for supply of following items:

1. Tender No PLM/KDLP-VKPL/15/01

2. Description of Material / QuantityMotor Driven Main Line Pumping Units (MLPUs)with VFDs for Kandla Viramgam reversePumping project.

3. Type of tender Open Global

4. Start date for download of TenderDocument27.5.2015

5. Pre Bid Meeting Details NIL6. Last date for online bid submission 24.6.20157. Online bid opening date 25.6.20158. Important Tender Conditions

(i) Earnest moneyDeposit

The bidder shall furnish Earnest Money Deposit as detailed in the tender atthe office of General Manager (Materials & Contracts), Indian Oil CorporationLimited (Pipelines Division), 4th Floor, A-1, Udyog Marg, Sector-1, Noida-201301, before the tender opening schedule, as mentioned below:

Indian Bidders (Indian Rupees) Foreign Bidders (US Dollars)11.18 lakh 17520.00 The EMD shall be submitted in the form of Bank Guarantee (BG) / DD /

EFT/Swift Transfer/e-payment(EMD in form of Bank Guarantee is accepted only in case of EMDamount being more than ` 1 lakh).

DD to be drawn in favour of Indian Oil Corporation Ltd., PipelinesDivision.

Entities exempted from submission of EMD: As per MSMED Act, 2006 (orerstwhile NSIC Registered Parties), Central / State PSUs and JVs of IOC.

(ii) AnnualTurnover

The bidder needs to submit Annual Turn Over Proof as mentionedbelow.The annual turnover of the bidder during any of the preceding 3 (three)financial years should be at least the value mentioned below:

Indian Rupees US Dollars1040.00 lakh 16,32,000.00

Turnover for this purpose should be as per the audited Balance Sheetof the tenderer. However, if the tenderer is not required to get itsaccounts audited under section 44AB of the income Tax Act, 1961, acertificate from a Practicing Chartered Accountant towards the turnoverof the tenderer along with copy of its Income Tax Return shall befurnished.

(iii) Single OrderValue

The bidder needs to submit self attested copies of PO along with proof ofexecution as mentioned below.

9The bidder should have successfully executed Purchase Orders (for similaritem) during the last five years ending the start date for commencement ofdownloading (i.e. date as per row 4 of NIT) of this tender:

(a) One completed order for similar item costing (on landed cost basis)not less than the value mentioned below:

Indian Rupees US Dollars870.00 lakh 13,60,000.00

OR(b) Two completed orders for similar items each costing (on landed cost

basis) not less than the value mentioned below:Indian Rupees US Dollars

690.00 lakh 10,88,000.00

OR(c) Three completed orders for similar items each costing (on landed

cost basis) not less than the value mentioned below:Indian Rupees US Dollars

520.00 lakh 8,16,000.00

The proof of execution of purchase order(s) () shall be a self attested copy ofthe purchase order(s), along with corresponding delivery challan/ excise dutyinvoice/ execution certificate from buyer/payment proof/inspection reportissued by end user/ etc clearly indicating the purchase order reference andqty/value.The purchase order and execution certificate/proof should be in the name ofthe bidder only. Purchase order executed jointly will not be considered.

The single order value for completed job indicated by the prospective biddersshall be excluding Service tax if any. (Refer to Special Instructions toTenderers)

9 Others

(i) Documentary Proof in support of annual turnover and execution ofsingle Purchase Order (for similar item) (ii) Supply Record (iii) Catalogue &Literature are to be submitted along-with with technical /un-priced bids.

The technical /un-priced bids received without documentary proof of abovementioned Important Tender Conditions shall not be considered for furtherevaluation.

Micro and small Enterprises (MSEs) are eligible for purchase preferenceas per prevailing Govt. directives / Corporation policy.

Domestically manufactured electronic products (DMEP) are eligible forpreference in procurement as per prevailing directives of Government ofIndia.

The bidder shall upload legible scanned copy of necessary documents insupport of required qualification and experience along with their offer asper instruction given in the Special Instructions to Tenderers participatingin e-tender.

All documents other than in Hindi or English languages shall be supportedby its attested English translation.

Physical Bids will not be accepted. Tender Document can be downloadedfrom https://iocletenders.gov.in and on line bids are required to besubmitted with Digital signatures on the system.

10

IOCL reserves the right of annulment of tender without assigning anyreasons whatsoever.

The tender documents are non-transferable.

10Issuing/

SubmissionOffice Address

Chief Materials Manager/ Senior Materials ManagerIndian Oil Corporation Limited (Pipelines Division)A-1, Udyog Marg, Sector-1, Noida (UP) 201 301, IndiaContact Person: Shri Amitava Bala/Rajesh KumarContact Person: Chief Materials Manager/Materials ManagerPh: 0120-2448426/2448414Fax: 0120-2448024, e-mail: [email protected], [email protected]

Chief Materials Manager

11

Commercial Checklist for Indigenous Bidder

Please tick the relevant box ( ) and fill the lines

1. Price - Ex Works, (Location)

2. Delivery period - Acceptable / Not Acceptable(as per SOR)

3. EMD - By DD / By BG / Not Applicable(as per tender)

BG/DD No. Date Issuing Bank BG Valid upto

4. PBG - Acceptable / Not Acceptable(as per GCP)

5. Delay Delivery Discount - Acceptable / Not Acceptable(as per GCP)

6. Payments terms - Acceptable / Not Acceptable(as per GCP)

7. Guarantee/Warranty - Acceptable / Not Acceptable(as per GCP)

8. Validity of Offer - Acceptable / Not Acceptable(as per tender)

9. Whether NSIC / MSE Unit - Yes (Reg. No. ) / NoValidity .......................

If Yes,i) please give the registration No. and enclose a

copy of certificate.ii) Please confirm whether SC or ST MSE

YES/ NO(Please give supporting documents else shall beconsidered a General category enterprises)

11
















11
















12

10. Acceptance of tender terms and conditions in totality: - Yes / No

11. Indicate the deviation of tender commercial terms, if any:

a.b.c.d.

12. Other terms, if any:

Signature and stamp of the Bidder

13

Commercial Checklist for Foreign BidderPlease and fill the lines

1. FOB Price - Quoted / Not Quoted

2. C&F Price - Quoted / Not Quoted

3. Inspection Charges - Inclusive / Extra @ % of(3rd party) FOB Price

4. Delivery period - Acceptable / Not Acceptable(as per Special Instruction)


By swift transfer

BG/DD/Swift No. Date Issuing Bank BG Valid upto .






13







By swift transfer







13







By swift transfer







14


11. Port of Exit in case of FOB -

12. Appox. Gross Weight - ..Appox. Volume (L X W X H) - ..

13. Acceptance of tender terms and conditions in totality:- Yes / No


a.b.c.d.



14






a.b.c.d.



14






a.b.c.d.



15

Pipelines

INSTRUCTIONS TO TENDERERS

REV:0413-May-2015

A. General

1. Tender Documents shall remain the property of Owner.

2. The tender papers shall be completely filled in, and shall be submitted with requisiteinformation and Annexures. Any tender incomplete in particulars shall be liable to berejected.

3. Signing of tender

3.1. All pages of the tender and all tender documents shall be signed by the tenderer orhis duly authorised person (s) by enclosing the original authorisation copy

3.2. It shall not be necessary for the bidder to return the all whole tender document (bigVolumes) duly signed as a token of their acceptance of the same while submittingtheir bid. Instead, the bidder may also submit an undertaking along with the IndexPage of tender document duly signed to the effect that he has fully read andunderstood the tender requirements and accepts all terms and conditions of thetender (except for the ones mentioned in the deviation statement) and his offer isconfirmation to all terms of tender

3.3. Each page of the priced Schedule of Rates (SOR) shall be duly signed and stamped(in original) by the tenderer. Price bid submitted without original signature & stampof the tenderer as described above shall be summarily rejected.

3.4. Prices must be duly filled and submitted by the bidder strictly in Schedule of Ratesformat enclosed with the tender document bearing stamp and signature on eachpage. Non-compliance shall lead to rejection of the bidder.

4. Scanned copy / photocopy of price bid is not acceptable and such bids shall besummarily rejected.

5. The un-priced copy of SOR, with prices blanked out and mentioning Quoted or NotQuoted against each item is to be submitted along with technical bid duly signedand stamped by the bidder in original on each page. Except for the price the un-priced copy should be exact replica of the price bid.

6. Tender and all correspondences /documents relating to tender shall be type writtenin English language only.

7. If the space in the tender form or any schedule or Annexure thereto is insufficient,additional pages shall be separately added. These shall be page numbered and shallalso carry the tender documents number and shall be signed by the tenderer andentered in the index for the tender.

8. Technical and commercial deviations if any from the requirement of tender shall bementioned prominently in separate sheets serially numbered. Deviations indicatedanywhere else in the tender will not be considered

16

9. The tenderer shall clearly indicate in his quotation firm delivery period from theplacement of purchase order for item of equipment offered.

10. The owner reserves the right to reject, accept or prefer any tender or to abort thebidding process. Reasons for rejection shall be disclosed on written representation bythe concerned bidder whose bid is rejected.

10. a If the owner in its discretion considers that in the interest of the requirement thequantum of supply requires a split, then Owner may split the supply quantitybetween two or more tenderers.

11. The tenderer shall quote on the terms and conditions of the tender documentswithout addition, subtraction, amendment or substitution or other deviation therefrom to and without inter-partition of any other sale condition(s) of the tender.

12. Cost of Preparation and Submission of Bids

12.1. The tenderer shall prepare the tender at his/its/their own risk and shall bear all thecosts of preparing and submitting his/its/their tenders, as well as all other costs oftendering for the supply/ work The OWNER shall take no liability for these costs

13. The quotation shall contain particulars of shipping/consignment, net weight, grossweight and package net dimensions

14. Tenders are to be submitted in triplicate, out of which, One copy will bear the price iePRICED OFFER and remaining two copies will be kept blank for prices (UN-PRICEDOFFER).These should be marked as ORIGINAL and DUPLICATE .Priced and un-pricedoffers should be submitted in separate sealed covers super scribing on the envelopesas PRICED OFFER and UN-PRICED OFFER as applicable, indicating our tender Enquirynumber and due date. Further both the priced and un-priced offers should be put intoone envelope super-scribing on it our tender Enquiry number and due date. Un-priced offer should contain complete technical details, catalogues, drawings,deviation if any from terms and conditions and /or commercial conditions etc andEarnest Money Deposit i.e. Bid Bond (EMD). Purchaser will not be responsible for theEMD submitted along with in the PRICED Bid of technically unsuccessful Bidders. Thesealed tenders addressed by designation to General Manager (Materials), Indian OilCorporation Ltd., Pipelines Division, A-1, Udyog Marg, Sector-1, NOIDA - 201301(U.P.), INDIA. must reach by 1400 hrs. (Indian Standard Time) on the date ofsubmission indicated in the tender notice. In case of any discrepancy betweenOriginal copy and Duplicate copy, original copy will be considered for evaluation ofoffer.

15. If EMD amount is up to ` 1,00,000/- or equivalent USD, EMD shall be accepted in theform pay order or Demand Draft or through Electronic Clearance System(ECS)/SWIFT transfer.

16. In case of Electronic transfer, the details of the deposit (Name of the Bank.Transaction details etc.) shall be furnished by the bidder in the technical offer/un-priced bid.

17. If EMD amount is more than ` 1,00,000, equivalent USD, EMD shall be accepted inthe form of Bank Guarantee also. Validity of BG in lieu of EMD shall be 3 monthsbeyond bid validity.

17

18. Wherever, EMD is asked for in the tender, offers received without EMD shall be liablefor rejection.

19. Earnest Money shall be forfeited in the following circumstances:

19.1. In case the tenderer alters / modifies / withdraws the bid suo moto after opening thebids (Technical bids in case of two bid system) and within the validity period. In sucha case, the tender submitted by the tenderer shall be liable to be rejected.

19.2. In case the tender is accepted and the vendor fails to deposit the performance bankguarantee

20. The sealed tender must reach the tender receiving authority at the address specifiedbefore time limit specified therein. Any tender received by owner after the date andtime for submission of tender prescribed in the tender will be liable for rejection.

21. The main price bid will be considered for evaluation and no cognizance will be givento the supplementary /supporting documents attached to the price bid as breakup ofprices.

22. Corrections and alterations

22.1. Correction /alteration should be avoided however if become unavoidable then entryto be corrected /altered should be neatly cancelled by drawing a line through it andmaking clearly and neatly the revised/corrected entry as close to the cancelled entryas possible and unambiguously authenticated by the tenderer by his full signature.

22.2. Overwriting and/or erasing with or by the application of correcting (white)/erasingfluid(s) for correcting the rates is banned. Wherever the rates are corrected withwhite /erasing fluid, the bids will be summarily rejected.

23. Rates to be quoted in Figures and Words

23.1. Tenderers shall quote in firm figures on terms and condition of tender and withoutaddition, subtraction, amendment or substitution or other deviation there from andwithout inter-partition of any other sale condition(s) of the tender qualification.Tenders containing qualifying expressions such as Subject to minimum acceptanceor subject to prior sale etc. shall be liable for disqualification. Each figure statedshall also be repeated in words, If some discrepancies are found between the ratesgiven in words and figures of the amount shown in the tender, the followingprocedure shall be applied :

23.1.1. When there is a difference between the rates in figures and words, the rate whichcorresponds to the amount worked out by the tenderer shall be taken as correct.

23.1.2. When the rate quoted by the tenderer in figures and words tallies but the amount isincorrect, the rate quoted by the tenderer shall be taken as correct.

23.1.3. When it is not possible to ascertain the correct rate in the manner prescribed abovethe rate as quoted in words shall be adopted.

24. Date of delivery

24.1. In case of ex-works / FOR destination contract , the date of L/R /receipt at site shallbe considered as date of delivery.

18

24.2. In case of FOB /C&F contract, the date of Bill of Lading will be reckoned as date ofdelivery

25. Addenda

25.1. Addenda to the tender documents may be issued prior to the date of opening of thetender /price bid to clarify/ modify specification, requirement or tender terms. Allsuch addendum will form part of tender documents.

26. Tender document shall consist of the following:i) Notice inviting tenderii) Checklist for biddersiii) Instruction to Tenderersiv) General conditions of purchasev) Form of tendervi) Specificationsvii) Schedule of rates/ Enquiry cum offerviii) Schedule of inspectionix) Customers referencex) Any other documents which may be of interest to the purchaser.

27. Tender is liable for rejection if the tenderer does not fill in and sign the requiredAnnexures, specifications, etc. as specified in the tender.

28. Tender is liable for rejection if the tenderer submits unacceptable terms andconditions.

29. Tender is liable for rejection if the tenderer submits offer which is not according toour format.

30. Validity of offer

30.1. The validity of irrevocable offer shall be at least 4 months from date of opening oftechno-commercial bid.

30.2. Tender is liable for rejection if the tenderer Stipulates the validity period less thanwhat is stated in the Tender Form.

30.3. In case the tenderer alters / modifies / withdraws the bid suo moto after opening thebids (Technical bids in case of two bid system) and within the validity period, thetender submitted by the tenderer shall be liable to be rejected

30.4. In exceptional circumstances, the owner may solicit vendors consent for anextension of the period of validity of offer without any deviation including change inthe prices. In such cases the vendor has to extend the validity of offer and EMDwithout alteration of price or can withdraw his offer. If the tenderer still deviates orchanges price, the offer will be rejected.

30.5. The owner reserves the right to reject the offer(s) in case tenderer(s) give suo motoincrease and not to consider suo moto reduction for evaluation.

30.6. After opening of price bid, if a vendor increases the price, though within the validityperiod and even though the offer remains lowest, the bid will be rejected, the EMDwill be forfeited and bidder debarred (Holiday listed) for future enquiries.

19

30.7. Suo moto increase in price or withdrawing of offer within the validity period shall notbe allowed and action shall be taken to Holiday List the vendor

31. Earnest Money Deposit (EMD)

31.1. The tenderer as a condition for consideration of the tender shall furnish BIDSECURITY (Earnest Money Deposit) in the form of demand draft / Bankers Pay Orderdrawn on a local Bank in favour of Indian Oil Corporation Ltd.

31.2. Bank Guarantee (format enclosed in tender document) from any scheduled bankoperating in India may be furnished in lieu of if the amount of Earnest Money Depositis not less than `100,000/- (Rupees One hundred thousand only) or equivalent USDvalue as per terms and conditions of tender notice/NIT without which the offer will beconsidered as non-responsive and rejected.

31.3. The branch issuing the Bank Guarantee shall be situated in India.

31.4. EMD for Foreign bidder is accepted only In EURO /US Dollar /UK Pound equivalent tothe US Dollar value indicated in the tender notice.

31.5. EMD for Indian bidders is accepted only in Indian Rupees.

31.6. In case of Single bid system, the bidder should submit EMD in a separate cover (notalong with the techno-commercial bid).

31.7. Tender is liable for rejection if the tenderer Does not submit acceptable instrumentstowards EMD along with technical/commercial (un-priced ) bid, but submits with theprice bid in the case of Two Bid System of Tendering.

31.8. The Bidders can remit the tender fee and EMD by way of SWIFT transfer also. Thebidders should submit a copy of their Bankers SWIFT message copy as proof ofremittance of tender fee/ EMD in a separate envelope in UN-PRICED BID. Bidsreceived without a copy of SWIFT MESSAGES (in case of payment by SWIFT transfer)are liable to be rejected.

31.9. Our bank details are as under:

Beneficiary Name : INDIAN OIL CORPORATION LIMITED - PIPELINESDIVISION

Account No 00000010813605396

Beneficiary Bank : STATE BANK OF INDIA,: Corporate AccountGroup II4th & 5th Floor, REDFORT CAPITAL, ParsvanathTower,

City NEW DELHICountry INDIASWIFT bank identifierCode: ISFC

SBIN0017313

MICR 11000256231.9.1. Remittance information should contain: Name of the tenderer, Tender No. & purpose-

Tender Fee / EMD

20

31.9.2. Please attach a copy of your SWIFT message with the tender documents forreference.

31.10. The EMD will be forfeited under the following instances:

31.10.1. In case the tenderer alters / modifies / withdraws the bid suo moto after opening thebids (Technical bids in case of two bid system) and within the validity period.

31.10.2. Successful bidder, if fails to:

i) Furnish performance guarantee in form of security depositii) Accept the purchase order

32. Disclosure on Relationship with Director

32.1. The Vendor is required to state in his offer (as per Annexure-?) whether he is arelative of any Director of Indian Oil Corporation Limited or the vendor is a firm inwhich any Director of Indian Oil Corporation Limited or his relative is a partner or thevendor is a private company in which any director of Indian Oil Corporation Ltd. is amember or Director

33. Tenderer shall clearly indicate their legal constitution and the person signing thetender shall state his capacity as also the source of his ability to bind the tenderer.The Power of Attorney or Authorization, or other document constituting adequateproof of the ability of the signatory to bind the tenderer, shall be annexed to thetender. The owner may reject out right any tender unsupported by adequate proof ofthe signatorys authority.

34. Tender is liable for rejection if the tenderer does not disclose the full names andaddresses of all his partners or Directors as applicable wherever called for in thetender.

35. Bidding Entity

35.1. Bids may be submitted by:

A) A Individual (Proprietary) /Partnership/ Limited (Sole Bidder).

B) Joint Venture (JV) Company registered in India as per Company Act1956.

C) Consortium having a maximum of two members

D) Indian company wholly owned subsidiary of a foreign or Indian company on thestrength of its parent/sister company.

E) Wholly owned subsidiary of a foreign or Indian company on the strength of itsparent /sister company

35.2. Qualification Criteria

A) Sole Bidder: - Sole bidder has to meet all criteria i.e. Technical & Financial.

B) Joint Venture (JV) Company:

21

(i) One JV member shall meet the Technical Qualification criteria

(ii) The other JV member shall meet the Financial qualification criteria

(iii) JV member meeting the technical criteria shall meet 60% of the financialqualification criteria.

(iv) JV member meeting the Financial Criteria shall meet 60% of technical qualificationcriteria.

C) Consortium:

(i) Leader of Consortium shall meet the Technical Qualification criteria.

(ii) The other member of the Consortium shall meet financial qualification criteria.

(iii) The Leader of the Consortium meeting the technical criteria shall meet 60% of theFinancial qualification criteria.

(iv) The other member of the Consortium meeting the financial qualification criteria shallmeet 60% of the Technical Qualification criteria.

D) Indian company wholly owned subsidiary of a foreign or Indian company on the strengthof its parent/sister company

A company registered in India which is a wholly owned subsidiary of a foreign or Indiancompany can be qualified(i) Based on the qualification, technical and financial, of its parent company provided

the parent company declares under a memorandum of understanding with theIndian subsidiary that it would be jointly and severally responsible for all the jobsbeing carried out by the bidding company.

Or(ii) Based on the qualification, technical and financial, of its sister concern, which is

also a 100% subsidiary of parent company provided that:

(a) Bidding entity shall enclose an agreement between them, parent company andthe sister company mentioning therein all would be jointly and severallyresponsible for all the jobs carried out by the bidding company and successfulexecution of job

(b) The sister subsidiary company on its own and not through any otherarrangement like Technical Collaboration agreement meets the technicalexperience criteria

E) Wholly owned subsidiary of a foreign or Indian company on the strength of its parent/sister company

Bidding company which is a wholly owned subsidiary of a foreign or Indian company canbe qualified:(i) Based on the qualification, technical and financial, of its parent company provided

22

the parent company declares under a memorandum of understanding with theIndian subsidiary that it would be jointly and severally responsible for all the jobsbeing carried out by the bidding company.

Or(ii) Based on the qualification, technical and financial, of its sister concern, which is

also a 100% subsidiary of parent company provided that:-

(a) The bidding entity shall enclose an agreement between them, parent companyand the sister company mentioning therein all would be jointly and severallyresponsible for all the jobs carried out by the bidding company and successfulexecution of job.

(b) The sister subsidiary company on its own and not through any otherarrangement like Technical Collaboration agreement meets the technicalexperience criteria

35.3. Requirements for bidding entity

(A)ConsortiumTenders submitted by a Consortium of two companies (One leader and one member)shall comply with the following requirements:i) Detailed Memorandum of Understanding / Consortium agreement clearly indicating

the roles and responsibilities of each member of the Consortium shall be submittedalong with the offer. In case, the Consortium is awarded the job, a duly executedand Notarised Consortium Agreement shall be submitted before signing ofContract agreement with the Owner.

ii) The Consortium shall nominate one of their members to act as Leader of theConsortium and in case the Consortium is awarded the job, all correspondence inrespect of the Contract, if any, shall be done with the Leader of the Consortiumonly.

iii) The tender shall be signed by an authorised representative of consortium membersand submitted so as to be legally binding on all the members jointly & severally.This authorization shall be evidenced by submitting a power of attorney signed bylegally authorised signatories of all the Consortium members. The authorization willbe clearly evidenced by submitting the Article of Memorandum of company, boardresolution for authorization in favour of person signing the consortium agreement.

iv) Each and every member of the Consortium shall be jointly and severallyresponsible for successfully execution of job.

v) The Consortium leader shall be authorised to incur liabilities and receive instructionfor and on behalf of all members of the Consortium. Payments shall be done eitherto the Leader or to the Consortium members as per Detailed Memorandum ofUnderstanding / Consortium agreement. However, payments shall be made in linewith the modalities enlisted in the tender.

vi) It is specifically agreed by the Consortium members that in the event of the Leaderof the Consortium running into any financial problem and/ or otherwise fails tocomply with any of Leader's obligations under the Contract at any time, othermembers shall fully undertake total responsibility to provide all necessary financialresources for the project and shall comply with all the obligations of the Leader

23

under the Contract, in addition to his own obligations, for completing the project intime, without prejudice to the joint and several responsibilities of member andLeader.

vii) The division in scope of job between Consortium members shall be commensuratewith their past experience. The overall Project Management shall be performed bythe Leader of the Consortium.

viii) Responsibility matrix of members of Consortium members not limited to thefollowing shall be furnished along with the bid:

a) Overall responsibility for execution of entire job under the contract shall be withthe Leader of Consortium.

b) Both the members of Consortium are jointly & severally responsible in terms oftender.

c) Leader of Consortium member will provide all technical & technology support tothe Consortium.

d) Experienced technical personnel from Leader of Consortium will be stationed atjob site to provide technical support during execution of field jobs.

e) The Leader of Consortium will ensure deployment of requisite equipmentsrequired for undertaking the different jobs as per tender requirements.

f) The correspondences for execution of job will be made with Leader ofConsortium. Leader of Consortium is to ensure its presence in progress reviewmeeting whenever called for by the owner.

(B)Wholly owned Subsidiary of a foreign/Indian company:-

Following shall be complied and necessary documents from Parent Company and sisterconcern if applicable shall be submitted:

i) The jobs under consideration shall either be executed by the Parent Company / sisterconcern or shall be executed under supervision and back-up of the Parent Company /sister concern. Details of mode of job execution, manpower, machinery deploymentby the parent company / sister concern shall be furnished along with the Bid. Theparent company/sister company will provide all the resources based on which thebidding company has been qualified. Responsibility matrix of Parent company, sisterconcern & bidding company not limited to the following shall be furnished along withthe bid:

a) Overall responsibility for execution of entire job under the contract shall be withthe parent company.

b) The parent company / sister concern & bidding company are jointly & severallyresponsible in terms of tender

c) Parent company / sister concern will provide all technical &technology transfer tobidding company.

d) Experienced technical personnel from parent company or sister concern will bestationed at job site to provide technical support during execution of field jobs.

e) The parent company / sister concern will ensure deployment of requisiteequipments required for undertaking the different jobs as per tender requirements.

f) The correspondences for execution of job will be made with bidding company.However, parent company/ sister company is to ensure its presence in progressreview meeting whenever called for by the owner.

g) The Parent Company and sister concern shall furnish an undertaking to be jointlyand severally responsible with the subsidiary for due, proper and timely

24

performance of the Contract and discharge of liabilities of its subsidiary in theevent of the award of job to its subsidiary

36. In all cases where the tenderer is not a manufacturer, the tender/offer shall indicateto the proposed manufacturer(s) of the equipment/ materials tendered and shall beaccompanied by proof of the authority or person(s) tendering to bind suchmanufacturer.

37. Any effort by a bidder / bidders agent /consultant or representative to influence theowner in any way concerning scrutiny /consideration /evaluation / comparison of thebid or decision concerning award of contract shall entail rejection of the bid.

38. Each tenderer/bidder shall give a declaration in the prescribed format annexed to theForm of Tender that he/it/they is/are not under any holiday/black list declared by theOWNER or by any Department of the State or Central Government of India or by anyother Indian Public Sector Organisation, and that there is no inquiry in respect of anycorrupt or fraudulent practice pending against him/it/them.

38.1. In case he/it/they are under any such list, or any inquiry is pending, he/it/they shallin the declaration give full details thereof. Such declaration in respect of apartnership firm or association of persons shall cover every partner or member of theassociation, and in the case of Company, shall cover every Director and PrincipalShareholder of the Company and any Holding Company and/or subsidiaryCompany(ies) if any.

38.2. If a tenderer is on any such List or if any such inquiry is pending against it/him/themor if the Bidder makes a false declaration, the OWNER reserves the right to reject theBid, and if the Bid has resulted into a contract, the contract is liable to be terminatedpursuant to the provisions of Clause 28.0 of the General Conditions of purchase..

39. All information disclosed to the tenderer by way of tender document should beconsidered as confidential and shall not be disclosed to any party except asnecessary for carrying out the supply/work. Necessary action on violation will betaken in addition to his becoming liable to be Holiday listed.

40. Tender is liable for rejection if the tenderer stipulates his own conditions.

41. Collusive or fraudulent tenders

41.1. In case it appears to the OWNER, after examining the tenders received, that any 2(two) or more tenders are collusive or otherwise manipulated to the disadvantage ofthe OWNER and against the spirit of ethical competition, the OWNER reserves theright to summarily reject such tenders. It shall not be incumbent on the OWNER toprove any collusion or other malpractice in this regard.

42. Purchase / price preference to public sectors /NSIC registered unit will be applicableas per Govt. of India guidelines from time to time.

43. Tenderers should super scribe on all the mailing envelopes tender No. & due date.

44. Bidders have to quote for full quantity .The offer which is not for full quantity will beliable for rejection.

45. Where delivery is of prime consideration, non-compliance of the same will be aground for rejection of offer.

25

46. Telegraphic / Fax /E-Mail/ open price bid shall not be accepted.

47. Tenderers should respond to the tender either by submitting their bids or by regretletter explaining the reasons for non-submission of the offer. If the tenderer does notrespond against our three consecutive limited tender enquiries, the name of thetenderer will be removed from the list of vendors.( Applicable in case of limitedtender only)

48. The OWNER reserves the right to consider/evaluate only substantially responsivetenders. A substantially responsive tender is one, which, in the opinion of the OWNER(which shall be final and binding on the Tenderer(s)), substantially conforms to allthe terms, conditions, specifications and requirements of the Tender Documentwithout material deviations or reservations in respect of any of the following :

(a) scope, quality or performance of the work;(b) OWNERs rights or the tenderers obligations under the contract as per the

tender documentation ;(c) Such deviations the correction of which would affect the competitive

position of other tenderers, who have submitted substantially responsivebids ;

(d) Any tender unaccompanied by the earnest money in a form which is notacceptable as per the Tender Documents, or falling short of therequirement of the Tender Document, shall be liable for rejection

49. No credit will be given for goods offered which conform to alternative standards, evenif superior to the standards prescribed.

50. Negotiation will not be conducted with the bidders as a matter of routine. However,corporation reserves the right to conduct negotiations. However, negotiations will beheld with the lowest tenderer.

51. Loading deviations to tender condition:

51.1. The commercial conditions put forward by the tenderers shall be loaded to theirquoted cost as indicated hereunder for evaluation:

i. Delayed Delivery clause: Difference of the rate between the GPC and that offeredby the vendor shall be added to the quoted price as loading for non-acceptanceof the delayed delivery discount.

ii. Payment Terms: In case bidders take deviations to the specified payment terms,loading for interest implication at 1% higher than IOC's Prime Lending Rate shallbe done.

iii. Specific Discount: Any specific discount indicated in the original offer shall beconsidered to arrive at the effective price for evaluation.

iv. Discount for prompt payment: This will not be considered for the purpose ofevaluation.

v. Freight components: When vendor does not mention freight component, thesame shall be considered as inclusive /nil.

vi. Taxes & Duties: When vendor does not mention Taxes & Duties, the same shallbe considered as inclusive and Borne by vendor.

vii. CENVAT/VAT benefit: For the purpose of evaluation of offers, Cenvat benefit onaccount of excise duty /CVD /VAT will be considered for evaluation.

viii. Royalty Inflow: In case of any benefit to IOC R&D for the usage of IOC R&Dformulations by the tenderer in the form of royalty, such royalty inflow net of

26

prevailing taxes / surcharges, will be deducted from the quoted price as specifiedelsewhere in the tender documents.

ix. Inspection charges : In case a foreign vendor does not quote inspection chargesin spite of having been stipulated in the tender document to indicate inspectioncharges, the same shall be considered as nil and inclusive.

x. Component/spares/ accessory: If a vendor doesnt quote for somecomponent/spares/ accessory specifically indicated in the tender forconsideration along with equipment, the same shall be considered as inclusiveand free supply

xi. Performance bank Guarantee: In case bidder does not agree to submit PBG asper tender requirement, their offer will be loaded with 10% of their landed cost ofthe material. In case PBG is agreed for less than 10%, loading shall be for thedifferential.

xii. Transit Insurance: Transit insurance shall be done by IOCL. In case the bidderquotes insurance charges inclusive, no rebate shall be given for the purpose ofevaluation.

52. Currencies of Bid and Variation of Custom duty/Foreign exchange

52.1. Indian bidders will submit bid in Indian Rupees only. For goods and services whichthe bidder will supply from outside India, the prices shall be quoted in Indiancurrency or in EURO/USA Dollar/GBP. The rate of exchange to be used by the bidderfor currency conversion shall be BC selling rate as published by State Bank of India..Indian bidder may offer CIF component along with custom duty and foreign exchangerate and amount. Variation of Custom duty and exchange fluctuation duringscheduled delivery period only and other than on raw materials will be borne byowner. In case bidder spends less foreign exchange component for import,Exchange/custom duty the same shall be passed on to owner.

52.2. For foreign bidders bid prices to be EURO /USA Dollar /UK Pound.

53. The vendor shall confirm acceptance of IOCLs GCP in totality. Any specificdeviation from the GCP shall be indicated separately.

B. Specific Instructions for Indian Bidders

54. Quotation

54.1. Price shall be on FOR/FOT ex-works/destination.

54.2. If quoted on Ex-works basis then

a. Indicate Packing and Forwarding charges in terms of percentage on basic cost.

b. Indicate freight charges up to the site in terms of percentage on basic cost.

c. Indicate Inspection charges (Third party) in terms of percentage on basic cost ifincluded in Price. Third party Inspection will generally be carried out by theOwner or agencies appointed by the Owner at Owners cost.

d. Insurance will be arranged by owner.

e. Indicate dispatching point.

27

f. Indicate Excise duty rate. Clearly indicate whether it is included or extra.

g. Indicate CST/local ST rate/VAT rate. Clearly indicate whether it is included orextra.

h. Excise duty/ Sales tax will be paid extra at actual within the contractual deliverydate, or approved extended contractual delivery time. However, the benefit ofany reduction must be passed on to IOCL

i. Any variation of rate in service or introduction of new tax, wherever applicable,on material ordered, during the contractual period shall be reimbursed/adjustedagainst submission of necessary document. If the above variation is madeapplicable after opening of the price bid, the same shall also be reimbursedagainst documentary evidence.

j. Any increase in the rates of existing taxes (including Excise Duty & Sales Tax)beyond the contractual delivery date is to be borne by the tenderer.

55. Evaluation of Offer

55.1. The evaluation will be made on the basis of total landed cost at site only.

A) In case of FOR Ex-works

a) Transit Insurance @0.012%b) Freight @ 2%c) Sales Tax and excise duty as applicable

B) Third party Inspection charges if included in Price will be deducted from theprice quoted for evaluation & while ordering.

C) Inspection charges if quoted Extra on actuals , when inspection charges areasked specifically in the tender, then offer will be loaded @ -- % of basicprices and reimbursement will be made on actual subject to maximum -- %

56. Payment Terms:

56.1. 90% payment against despatch documents through Bank. Balance 10% within 30days after receipt and acceptance of material at site. All payments shall be made inIndian Rupees. Bank charges of owners Banker will be on owners account. Bankcharges of vendors Banker will be on vendors account. Payment as above can bemade by directly submitting despatch documents to the payment releasing officewithout routing through bank.

56.2. Payment can be made through e-payment mode also. For this purpose, bidder shallgive their consent along with their bank particulars as per enclosed format atAppendix-A.

57. PAN and Sales Tax Registration No.

57.1. The tenderer(s) shall indicate his/their Permanent account Number (PAN) and SalesTax Registration number in the form of information about tender annexed to the formof tender. In the absence of the same, the tender shall be liable to be rejected.

28

58. The bidder if it is a Micro, Small Or Medium enterprise as per the Micro, Small& Medium Enterprises Development Act,2006 (MSMED Act 2006) andregistered with the Authorities under the above Act for the items/ servicesunder procurement in this tender, then party has to indicate theEntrepreneurs Memorandum number (Twelve Digit) and enclose a copy thecertificate issued by the Authorities under the Micro, Small & Mediumenterprises Development Act 2006.

59. All the payments in Indian Rupees (other than against dispatch documentsthrough bank) will be released through e-banking only. The successful biddershould provide their bank details as per the annexed format at the time ofacceptance of Purchase Order.

C. Specific Instruction for Foreign Bidders

60. Quotation

60.1. Price shall be on FOB /C & F and shall

a) Indicate Packing and Forwarding charges in terms of percentage of quoted FOBprice.

b) Indicate Inspection charges (Third party) in terms of percentage of quoted FOBprice. or included in the quoted FOB price.

c) Indicate freight charges up to destination PORT or included in the quoted FOBprice

d) Insurance from Port of Exit to Port of Discharge will be arranged by owner.e) Indicate dispatching point.f) In case of ocean import, offers should be on FOB major international Gateway

Sea port of exit basis. However, bidders shall quote firm ocean freight chargesup to designated port of entry in India.

g) Name of sea port must be mentioned by the vendor. Terms such as any USAsea port or any European sea port should not be quoted.

h) In case of air cargoes, offers should be on FCA major international gateway ofexit basis. Offers from smaller airports or any airport should not be quoted.

61. Evaluation of Offer:

61.1. The evaluation will be made on the basis of total landed cost at site only. Foreigncurrencies will be converted on the basis of BC selling rate of State Bank of India ason the date of opening of price bid.

61.2. In case of FOB /C&F price, following will be added to arrive at total landed cost

a) Port handling charges @ 2 % on FOB costb) Marine Insurance @ 0.3 % on total C&F costc) Inland freight @ 2% on FOB costd) Custom duty as applicable

61.3. Inspection charges if quoted Extra on actuals then offer will be loaded @ - % ofbasic prices and reimbursement will be made on actual subject to maximum - %

62. Payment Terms:

29

62.1. 100% payment against presentation of shipping document through irrecoverableletter of credit to be established through Indian scheduled Bank on its branch atVendors country. In case confirmed L/C is required by vendor, the same has to bementioned and vendor has to confirm that L/C confirmation charges will be borne byVendor.

63. Dealing with Indian agents

63.1. The Owner will deal with the Bidders on principal to principal basis, withoutinvolvement in any manner in India or abroad of any agent or consultant or associateor other person howsoever described. However, in case Bidder insists having anagent / consultant or representative howsoever described (other than a permanentemployee of the Bidder or a representative stationed with the permission of theReserve Bank of India and other concerned authorities), the Bidder shall at the timeof submission of the offer disclose full particulars / description of such agent /consultant or representative howsoever described together with the precise role ofsuch person or persons: commission, remunerations or charges agreed to be paid tothem: the manner of payment: approval or registration of agreement / arrangementsbetween the Bidder and such agent or consultant or representative or retainer orassociate or servicing facility with all concerned authorities including Central Govt. /Reserve Bank of India/DG&D: and Permanent Income Tax Account Number of theAgent in India.

63.2. It may, however, be noted that the role of the agent in relation to this tender will belimited to the following:

i) Intimating publication of NIT:

ii) Obtaining the tender documents on behalf of bidder by payment of theprescribed tender fee whenever required and mailing the tender documents tothe bidder:

iii) The bidder are required to send their bids directly to Owner and as such bidsthrough agents in India will not be entertained. However, if the bidder intendsto use their agent only to ensure its safe delivery to Owner: they are allowed todo so, provided the bid documents are put by the bidder in a sealed coveraddressed to Owner prior to handing over to their agent for its delivery toOwner.

iv) Attending the tender opening provided such agent has a power of attorney /letter of authority authorizing him to attend the tender opening on behalf of thebidder. Provided further that such a power of attorney / letter of authority issubmitted to owner prior to the time and date of opening for scrutiny andacceptance or otherwise.

v) Making arrangements for local travel and stay etc. of their principals for theirmeetings, visits, presentations, seminars etc. in India.

vi) Advising Principals on local laws, rules, regulations, tax liabilities and restriction.

vii) In respect of Service Contracts and Turnkey projects helping the principals inmaking other local arrangements for customs clearance, warehousing and otherlocal inputs:

30

viii) In respect of equipments requiring after sales technical services of substantialnature maintaining requisite infrastructure.

63.3. The bidders may note that the agents in India will not be allowed to perform anyother role:

63.4. Further, it may be noted that any remuneration of commission or charges agreedbetween the bidder and such agent / consultant / representative etc. should bepayable only in non-convertible Indian Currency in India in the event of the bid beingaccepted the Owner shall pay the amount equivalent to the commission or charges ofsuch agent / consultant / representative in Indian Currency (TT selling rate) againstthe price payable under the contract from the payment to bidder.

63.5. The bidder shall be obliged to inform all changes in the terms of appointment /payment between the bidder and such agent / consultant / representative.

63.6. If at any stage prior to the award of the work or after the award or after completionof work it transpires that any information or particulars furnished by the bidder are inany manner incorrect then the Owner shall without prejudice to any other of itsrights, have the option to exclude the bidder from consideration , cancel the contractif awarded without prejudice to right to recover all losses and damages andcompensation for all consequences and prohibit the bidder from participating in orcontinuing with any other bid or contract.

64. The tenderer shall indicate in his quotation the country of origin of each itemof equipment offered.

65. In case of wooden packing material, the same must conform to requirementsunder Plant Quarantine (Regulation of Import into India) order.

31

Instructions to Tenderers for participation in e-tendering

1. Indian Oil Corporation Ltd. has developed a secured and user friendly system which willenable Vendors / Bidders to Search, View, Download tenders directly from Indian OilCorporation Ltd., secured website and also enables them to participate and submit OnlineBids on the e-tendering site https://iocletenders.gov.in directly from the website in securedand transparent manner maintaining confidentiality and security throughout the tenderevaluation process and award

2. Bidders are requested to read following conditions in conjunction with various conditions,wherever applicable appearing with this bid invitation for e-tendering. The conditionsmentioned here in under shall supersede and shall prevail over the conditions enumeratedelsewhere in the tender document.

3. How to submit On-line Bids / Offers electronically against e-tendering?

3.1. Vendors / Bidders are advised to read the following instructions for participating inthe electronic tenders directly through internet:

i) Late and delayed Bids / Offers after due date / time shall not be permitted in e-tendering system. No bid can be submitted after the last date and time of submission hasreached. (However if bidder intends to revise the bid already submitted, they maychange / revise the same on or before the last date and time of submission of bid).The system time (IST) that will be displayed on e-tendering web page shall be thetime and no other time shall be taken into cognizance.

ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.

iii) No bid can be modified or submitted after the dead line for submission of bids.

iv) No physical bids / offers along with electronic bids / offers shall be permitted.

4. What is a Digital Signature? Or (Digital Signature Certificate DSC)

4.1. This is a unique digital code which can be transmitted electronically and primarilyidentifies a unique sender. The objective of digital signature is to guarantee that theindividual sending the message is who he or she really claims to be just like thewritten signature. The Controller of Certifying Authorities of India (CCA) hasauthorized certain trusted Certifying Authorities (CA) who in turn allot on a regularbasis Digital Certificates, Documents which are signed digitally are legally validdocuments as per the Indian IT Act (2000).

5. Why is a Digital Signature required?

5.1. In order to bid for Indian Oil e-tenders all the vendors are required to obtain alegally valid Digital Certificate as per Indian IT Act from the licensed CertifyingAuthorities (CA) operating under the Root Certifying Authority of India (RCAI),Controller of Certifying Authorities (CCA) of India. The Digital Certificate is issuedby CA in the name of a person authorized for filing Bids / Offers on behalf of his

32

Company. A Vendor / Bidder can submit their Bids / Offers On-line only afterdigitally signing the bid / documents with the above allotted Digital Signatures.

5.2. For more information on DSC or how to obtain a DSC, please follow the linkInformation About DSC on the home page of our e-tender portal.

5.3. Use the class 2 or class 3 Digital Certificate thus obtained for online bidding onIndian Oil e-tendering site

6. Pre-Bid Conference

6.1. Any queries in connection with the bid should be posted prior to pre-bid conference(if scheduled) on the private folder of the vendors private area in Indian Oilsportal. Replies to the queries shall be deliberated / discussed during the pre-bidconference and the same shall be posted on the portal to enable viewing by all.Further, during the pre-bid conference, Indian Oil may also arrange demonstrationof the e-tendering system to the vendors present and who may be interested inattending the same.

7. Submission of Documents

7.1. The Price Bid and Unpriced Technical Bids have to be submitted online only.However, documents which necessarily have to be submitted in originals like EMDand any other documents mentioned in the tender documents have to be submittedoffline. Prices should not be submitted in a sealed envelope. Indian Oil shall not beresponsible in any way for failure on the part of the bidder to follow the instructions.

7.2. It is advised that the bidder uploads small sized documents (preferably upto 4 MB)at a time to facilitate in easy uploading into e-tendering site. Indian Oil does not takeany responsibility in case of failure of the bidder to upload the documents withinspecified time of tender submission.

8. Submission and Opening of Bids

8.1. Bid along with all the copies of documents should be submitted in the electronic formonly through Indian Oil e-tendering system.

8.2. Before the bid is uploaded, the bid comprising of all attached documents should bedigitally signed using digital signatures issued by an acceptable Certifying Authority(CA) in accordance with the Indian IT Act 2000.

8.3. The Authenticity of above digital signatures shall be verified through authorized CAafter bid opening and in case the digital signature is not authorized / valid, the bidwill be rejected. Bidder shall be responsible for ensuring the validity of digitalsignatures and proper usage of the same by responsible persons who can bind thebidder. Power of attorney of the signatory, issued by the bidding company should besubmitted along with other documents as per tender conditions in physical form.

9. Last Date for Submission of Bids

9.1. Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.

9.2. Vendors / Bidders must use any computer having Windows 2000 or Windows XPversions or higher of Window operating system and an internet web browser versioninternet explorer V6.0 or higher recommended.

33

10. General

10.1. Indian Oil Corporation Ltd. invites sealed bids under two bid system from vendorsmeeting the Bidders Eligibility Criteria as stated in the detailed RFQ/Bid Documentattached.

10.2. Mode of tendering: e-Tendering (Physical Bids will not be accepted)10.3. Bid has to be submitted through our e-Tendering website https://iocletenders.gov.in.

Bidders shall submit (upload) their Technical bid i..e Un-priced Bid in CollaborationFolders of e-tendering system and upload filled in Price Bid ( BoQ) as attachment.

10.4. The price bid - (BOQ) which is a Microsoft Excel attachment shall be downloadedand quote their prices strictly as per the format without altering any of itscontent/format.

10.5. Bids should be valid for 4 months from the bid due date. Only the Bids submitted onour e-tendering system will be considered for evaluation.

10.6. Physicals Bids sent through Fax / E-mail / Courier / Post will not be accepted.Bidder(s) are advised to quote strictly as per terms and conditions of the tenderdocuments and not to stipulate any deviations / exceptions.

11.Bill of Quantity (BoQ)

11.1. The Schedule of Rates under e-tender is called Bill of Quantity (BoQ), which is aMicrosoft Excel file.

11.2. No change in BoQ is permitted and any change in BOQ format will make the offerliable for rejection.

11.3. Bidder shall take utmost care in filling in the BoQ. Please follow the instructions inthe BoQ strictly.

11.4. Bidder shall put the correct inputs in the BoQ as required, only in the designatednon-greyed cells. Special care shall be given to make entry in the requested format(eg. In % or in absolute value as the case may be.) No cognizance shall be given forany wrong entry in the BoQ.

11.5. In case of Global tenders, Indigenous bidders shall select INR against currencytype to be quoted, where as foreign bidder shall select currency in thecorresponding column and subsequently select the choice of currency from the fieldin row 4.

11.6. Uploading of Scanned copy of BOQ is not acceptable and such bids shall besummarily rejected.

11.7. Bidder shall solely be responsible for the correctness of rate/data entered in the BoQ.

11.8. Bidder shall submit a scanned copy of the BoQ indicating quoted /not quoted inall the cells required to be filled. The scanned copy of the unpriced BoQ shall beuploaded along with the technical bid.

34

Special Instructions to the Bidder for participating in e-Tender

Indian Oil Corporation Ltd. has developed a secured and user friendly e-Tendering system

through National Informatics Center (NIC), which enables Vendors / Bidders to Search,

View, Download tenders directly and also, enables them to participate & submit online bids

on the e-Tendering site https://iocletenders.gov.in in a secured and transparent mannermaintaining confidentially and security throughout the tendering process.

Bidders are advised to download Notice Inviting Tender along with other tender documents

from the e-Tendering portal https://iocletenders.gov.in free of cost using their digital

signature & registered used ID. The tender should be submitted online on our e-Tendering

portal only. EMD / any other document(s) as per Tender (to be submitted in original) must

be submitted before the due date and time failing which the bid shall be summarily rejected.

Vendor should have a legally valid Class 3 Digital Certificate as per Indian IT Act from the

licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI),

Controller of Certifying Authorities (CCA) of India (For details regarding Digital Certificate

Provider please refer to Point 8 of Information about DSC on the home page). All

interested bidders are requested to register themselves using the link Online BidderEnrollment on the home page and enroll their digital certificate during their first login

attempt.

It is advised to take extreme precaution while mapping digital certificate to aparticular user profile. Once a digital certificate is enrolled to a user account, it

cannot be used for any other registration in the system.

Bidders are requested to read following conditions in conjunctions with various conditions,

wherever applicable appearing with this bid invitation for e-Tendering.

The conditions mentioned herein under shall supersede and shall prevail over the

contradicting conditions (if any) mentioned elsewhere in the tender documents.

1.0 Procedure to submit On-line Bids

35

For this purpose, Vendors/Bidders are advised to read the instructions available in the

homepage of the portal where detailed procedure for submission of bids is available under

the section Bidders Manual Kit.

2.0 System Generated Communication(s)

The alerts / reminders in the form of SMS / e-Mail are given to bidders by the system at

various stages of tender as mentioned below:

o Reminder for Registered Digital Certificate Expiry before 30 days;

o Issuance of Limited Tenders to the selected bidders;

o Change in Password;

o Bids uploaded but Freeze button not clicked;

o On issuance of Corrigendum if the tender is downloaded from DSC Registered

Account/ made it favorite;

o Posting of any Techno-Commercial Query by the department;

o Date and Time for Opening of Price Bid to all technically accepted bidders ;

o AOC to successful bidder(s).

Please note, communication alerts in the form of e-Mail/SMS will be sent to the bidder if and

only if

His/her e-Mail/Mobile No. registered in the portal is correct and latest.

In addition to the above communication, the information is updated in portal under Pending

section of Dashboard like:

a) Limited Tender(s) to be made as favorite;

b) TQ/CQ to be responded;

c) Bids to be frozen;

All bidders must login and visit their DASHBOARD section on regular basis to get the timely

updates related to the pending activities as mentioned above at their end to act timely even

if they have missed any communication sent in the form of e-Mail / SMS by system.

3.0 Tender Search

All tenders available on the website can be searched by using the Search Active Tenders

menu under Bidders profile. Use any of the searching criteria to search your

36

tender. For a refined search, enter Work Title under Keywords and click Submit. The

intended tender(s) should be checked and saved as Favorite by clicking on the check box.

The bid submission process will start by clicking the menu My Tenders.

4.0 My Documents

Provision of My Documents is available to bidders for uploading frequently required

documents in advance.

However, Uploading of any document in My Documents does not imply that the same is

submitted along with any tender.

5.0 Price Bid

Price Bid (BOQ) as given in the tender must be downloaded and saved at bidders local PC /

Laptop without any change. Bidders shall fill the required details/prices in BOQ, save it and

upload the filled-in BOQ in the portal.

6.0 Tampering of Documents

The following shall be considered as Tampering of documents:

o Submission of Scanned copy or Photocopy of Price bid (BOQ);

o Submission of any file other than original Price Bid (BOQ);

o Insertion of additional sheet(s);

o Change in content or context of the original file;

o Protection of Workbook over and above Sheet Protection done by IOCL.

Such bids will be summarily rejected at the time of evaluation.

7.0 Uploading and Confirmation

Bid along with all the copies of documents should be submitted in the electronic form only

through Indian Oil e-Tendering system. Bidder has to ensure that their bid submission is

complete in all respect by clicking on the FREEZE BID SUBMISSION button. Any revision

or amendment in bid shall be possible after bid submission only upto the due date and time

of submission of tender. Bidder in turn will receive an acknowledgement against his/her bid

submission. Successful submission of bid can also be verified under My Bids section.

8.0 Help Desk

37

Bidders may contact the following resource persons for any assistance required in thisregard.

Mr. Ravi Kolkata 08981665512 Mr. Deepak Mumbai 09820177883

Mr. Shashi Noida 08130634323 Mr. Lalit Mumbai 09004536892

Mr. Sawan Noida 08130269544 Mr. Manu Gurgaon 01242861244

Mr. Vikrant New Delhi 01242861318 Mr. Ankit Gurgaon 01242861317

HelpDesk Tel. No. : +91-22-26447708

HelpDesk Email-id : [email protected]@indianoil.in

Business Hours: Mon Fri, 09:00 to 16:00 Hrs India Time (IST) (GMT + 5:30 Hrs)

9.0 Special Note

Bids can only be submitted / resubmitted before the last date and time of submission as

per tender.

The system time (IST) displayed on e-Tendering web page shall be considered as the

reference time for all transactions and no other time shall be taken into cognizance.

Bidders are advised in their own interest to ensure that bids are uploaded and submitted

successfully in e-Tendering system well before the closing date and time of bid.

No physical bid shall be accepted except the documents as specified in tender.

Indian Oil does not take any responsibility in case bidder fails to upload the documents in

the portal within specified time.

Bidders are requested to provide correct/latest e-Mail address and Mobile No. for

receiving updates related to e-tender from time to time.

for and on behalf,Tender Inviting Authority,Indian Oil Corporation Limited

38

Pipelines

GENERAL CONDITIONS OF PURCHASE

DEFINITIONS

1.1. The following expressions used in the Purchase Order shall have the meaning indicatedagainst each of these.

1.1.1. The Owner means Indian Oil Corporation Ltd., a company incorporated in India having itsregistered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 51 acting through theoffice of the Director (Pipelines), A-1, Udyog Marg, Sector 1, Noida 201 301, and shallinclude its successors and assignees.

1.1.2. Goods/Equipments/ Materials: Goods /Equipments/ Materials shall mean any of thearticles, materials machinery equipments, instruments, computer, control and other electronicand electrical systems, supplies, drawings, software, data and other property and all services,including but not limited to design, delivery, installation, inspection, testing andcommissioning specified or required by the owner and shall include parts, components,assemblies and sub-assemblies thereof.as per the Purchase Order.

1.1.3. Vendor: Vendor shall mean the person, firm, company or Corporation or the successorthereof, to whom the Purchase Order is issued.

1.1.4. Inspector: Inspectors or representatives deputed by Owner.1.1.5.1.1.6. Project: Pipeline Project or Pipeline Unit of Indian Oil Corporation Limited (Pipelines

Division) for which the Material(s) is/are required.

1.1.7. Contract shall mean the contract as derived from:i) The Tender Documents;ii) Agreed Variations to the Tender Documents;iii) Vendors Priced bid; andiv) The Purchase Order.

1.1.8. Contract Document(s) shall mean individually and collectively the documents constitutingthe contract.

1.1.9. Free Issue Material(s) means any equipment, parts or components or spares to be suppliedby Owner to the Vendor which are to be incorporated in any supply of Indigenous Material(s).

1.1.10. Purchase Order or Order means Owners acceptance of the Vendors offer/bid andincludes any formal or detailed Purchase Order issued by Owner pursuant to the acceptanceof the bid.

1.1.11. Tender Documents with reference to the Purchase Order mean:

(i) Material Requisition/Request for Quote;(ii) General Terms and Conditions of Purchase;(iii) Technical Specifications;(iv) Special Conditions of Purchase ( if any);(v) Addendum(a) (if any) to the Tender Documents.

1.1.12. Total Contract Value or Total PO Value means total value of the Material(s) and servicesto be supplied as specified in the Purchase Order, exclusive of reimbursable taxes and duties

39

1.1.13. Stipulated Delivery Period means the date(s) for delivery of the Material(s) as stipulated inthe Contract and failing such stipulation, shall mean the date(s) for such delivery(ies) asagreed between the Vendor and the Owner.

2.0 Interpretation of Contract Documents

2.1.1. The several Contract Documents forming the Contract are to be read together as a wholeand are to be taken as mutually explanatory.

2.1.2. Should there be any doubt or ambiguity in the interpretation of the Contract Documents or inany of them, the Vendor shall prior to commencing the relative supply or work for supplyunder the Contract apply in writing to Owner for resolution of the doubt or ambiguity. Shouldthe Vendor fail to apply to Owner within 7 days from the date of receipt of the Order for itsclarification as aforesaid, the Vendor shall perform the relative work and/or make the relativesupply at his own risk.

2.1.3. Any item of supply or service relative thereto shown, indicated or included by expression orimplication in any document forming part of the Contract shall be 5 deemed to form part ofthe Scope of Supply with the intent that the indication or inclusion of the supply or servicewithin any of the said documents shall be a sufficient indication of the Scope of Supply orservice covered by the Contract.

2.1.4. No verbal agreement or assurance, representation or understanding given by any employeeor officer of Owner or so understood by the Vendor shall anywise bind Owner or alter theContract Documents unless specifically given in writing and signed by or on behalf of Owneras an Agreed Variation to the relative term(s) in the Contract Document(s).

2.1.5. Clause headings given in this or any other Contract Documents are intended only as ageneral guide for convenience in reading and segregating the general subject of the variousclauses, but shall not govern the meaning or import of the clauses there under appearing orconfine or otherwise affect the interpretation thereof.

3.0 Irreconcilable Conflicts

3.1.1. Subject to the provisions of Clause 3.0 hereof, in the event of an irreconcilable conflictbetween the provision of these General Terms and Conditions of Purchase and/or theSpecial Conditions of Purchase and/or Addendum (a) and/or the Agreed Variations to theTender Documents and/or the Purchase Order and/or between any of the other saiddocuments so that the conflicting provision(s) cannot co-exist, to the extent of suchirreconcilable conflict, the following order of precedence shall apply so that the conflictingprovision(s) in the document lower in the order of precedence set out below shall give way tothe conflicting provision(s) in the document higher in the order of precedence, namely:

(i) Agreed Variations to the Tender Documents;(ii) Purchase Order;(iii) Addendum(a) to the Tender Document;(iv) Special Conditions of Purchase;(v) General Conditions of Purchase;(vi) Other Contract Documents.

4.0 Reference for Documentation:

4.1.1. Purchase Order No. must appear on all correspondence, drawings, invoices, shippingdocuments, packing and on any documents connected with the order.

5.0 Confirmation of Purchase Order:

40

5.1.1. The Vendor shall acknowledge the receipt of the Purchase Order within 10 (ten) daysfollowing the mailing of the order and shall thereby confirm his acceptance of the purchaseorder in its entirety without exceptions.

6.0 Sales Conditions:

6.1.1. With Vendors acceptance of provision of the Purchase Order he waives and considers ascancelled any of his general sales conditions.

7.0 Entire Contract:

7.1.1. The terms and conditions of the purchase order with specifications drawings and otherattachments annexed thereto, constitute the entire contract between the parties hereto.Changes will be binding only if the amendments are made in writing and signed by anauthorised representative of the owner and the Vendor.

8.0 Inspection Checking Testing:

8.1.1. The equipments/ materials or workmanship covered by the Purchase Order are subject toinspection and testing by Inspectors at any time prior to shipment and/ or despatch. Suchinspectors shall have the right to carry out the inspection and testing at any stage which willinclude the raw materials, at manufacturers shop and at Fabricators shop and at the time ofactual despatch before and after completion of packing.

8.1.2. All tests, mechanical and others and particularly those required by relevant c

tender document

Documents

set of tender documents

tender nit

form of tender foreign

proforma of letter

proforma of declaration

special instructions

special conditions of

set kandla4sl